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Developer and Contractor signed a written construction agreement at a meeting. At the same meeting, both orally agreed that the written agreement would become effective only if Developer's bank approved the construction loan by Friday. The bank refused approval. Contractor sues, and Developer offers the oral condition.
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The condition evidence is admissible only if the written agreement contains an ambiguous financing clause. The condition evidence should be treated as a subsequent modification because it affected enforcement after signing. The condition evidence is barred because bank approval concerns Developer's ability to pay rather than Contractor's construction duties. The condition evidence is admissible to show that the written agreement was not to become effective unless the condition occurred.

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